VSK TN
Some significant points on
Muslim Reservations by Dr Togadia
Muslim Reservations by Dr Togadia
Note by
Dr Pravin Togadia, VHP International Chief
Dr Pravin Togadia, VHP International Chief
June 13, 2012
1. Religion based reservations are unconstitutional as
many HCs have given judgments to this regard. 4.5% reservation to Muslims is
religion based reservation.
many HCs have given judgments to this regard. 4.5% reservation to Muslims is
religion based reservation.
2. Appointment of the Sachhar Committee is itself
unconstitutional as its terms of reference are religion based. It is against
all Supreme Court judgments on secularism (refer to the 2008 case in Del HC –
petition against Sachhar Committee by Rashtriya Mukti Morcha, appeared for them
: Advocate P N Lekhi, Justice Thakur & Justice Siddharth Mridul termed the
Sachhar Committee ‘Unconstitutional move by the Govt.’)
unconstitutional as its terms of reference are religion based. It is against
all Supreme Court judgments on secularism (refer to the 2008 case in Del HC –
petition against Sachhar Committee by Rashtriya Mukti Morcha, appeared for them
: Advocate P N Lekhi, Justice Thakur & Justice Siddharth Mridul termed the
Sachhar Committee ‘Unconstitutional move by the Govt.’)
3.
Sachhar Committee report has no reference or study
about the actual comparison between Muslim OBC’s educational & economic
status and the same of Hindu OBC. The details of their survey limit themselves
to Hindu Sc / Hindu OBC / Hindu others / but Muslim ALL. No Muslim OBCs.
Sachhar Committee report has no reference or study
about the actual comparison between Muslim OBC’s educational & economic
status and the same of Hindu OBC. The details of their survey limit themselves
to Hindu Sc / Hindu OBC / Hindu others / but Muslim ALL. No Muslim OBCs.
4.
If there is no study that proves that Muslim OBCs
are far behind Hindu OBCs, then how & on what basis the Govt has been
giving quota or preference to Muslim OBCs over Hindu OBCs? This itself it
invalid & preposterous.
If there is no study that proves that Muslim OBCs
are far behind Hindu OBCs, then how & on what basis the Govt has been
giving quota or preference to Muslim OBCs over Hindu OBCs? This itself it
invalid & preposterous.
5.
Per Sachhar Committee report itself Muslims in 9
states are educationally much more ahead than Hindus. Why should Muslims
get benefit of any quota?
Per Sachhar Committee report itself Muslims in 9
states are educationally much more ahead than Hindus. Why should Muslims
get benefit of any quota?
6. The methodology & sample sizes of the Sachhar
Committee studies are not up to the international standards for any social or
demographic survey. In this situation, any conclusion or recommendation thereof
cannot be taken as valid.
Committee studies are not up to the international standards for any social or
demographic survey. In this situation, any conclusion or recommendation thereof
cannot be taken as valid.
7. Sachhar Committee’s conclusion that Muslims in
Bharat are economically & educationally backward is invalid. National
Sample Survey in 24 states & Union Territories prove that the average
Muslim household at national level spends more ( Rs. 40,327) than the Hindu
household (40,009) re annual household expenditure.
Bharat are economically & educationally backward is invalid. National
Sample Survey in 24 states & Union Territories prove that the average
Muslim household at national level spends more ( Rs. 40,327) than the Hindu
household (40,009) re annual household expenditure.
8. Incidents of infant & child mortality, degree
of urbanization & average life expectancy at birth are the three
internationally accepted parameters for economical status. In all these three
Muslims are not backward. In urbanization Muslims are ahead with 36% than
Hindus with 26%. In Life expectancy (crude death rate per 1000: 9.6 for Hindus
& 8.9 for Muslims)
of urbanization & average life expectancy at birth are the three
internationally accepted parameters for economical status. In all these three
Muslims are not backward. In urbanization Muslims are ahead with 36% than
Hindus with 26%. In Life expectancy (crude death rate per 1000: 9.6 for Hindus
& 8.9 for Muslims)
9.
Sachhar Committee has taken population as the basis
of the study & analysis as well as for recommendations. There is a norm for
majority that is of 2 children whereas Muslims have exempted from this norm
quoting their religion. In such situation, no facilities can be legally &
socially given based on the population percentage because the growth rate of
Hindus & Muslims re population is not at par due to governmental norms Vs
Muslims’ religious vehemence. From 1961 to 2001 total population of India has
grown by 134% while Muslim population has grown by 194% and consequently the
share of the Muslim population was 10.7% in 1961 which has become 13.4% in
2001. In such a forced disparity on Hindus re population growth norms, Muslims
should not be given any facility or quota based on their population. It is
against any laws of democracy. The population growth difference between Muslims
& non-Muslims was 15% in the decade of 1951 -1961 whereas it has become 50%
in 1991-2001 decade. Their unlimited children cannot be burdened on Hindus who
follow development norms generally of 2-3 kids.
Sachhar Committee has taken population as the basis
of the study & analysis as well as for recommendations. There is a norm for
majority that is of 2 children whereas Muslims have exempted from this norm
quoting their religion. In such situation, no facilities can be legally &
socially given based on the population percentage because the growth rate of
Hindus & Muslims re population is not at par due to governmental norms Vs
Muslims’ religious vehemence. From 1961 to 2001 total population of India has
grown by 134% while Muslim population has grown by 194% and consequently the
share of the Muslim population was 10.7% in 1961 which has become 13.4% in
2001. In such a forced disparity on Hindus re population growth norms, Muslims
should not be given any facility or quota based on their population. It is
against any laws of democracy. The population growth difference between Muslims
& non-Muslims was 15% in the decade of 1951 -1961 whereas it has become 50%
in 1991-2001 decade. Their unlimited children cannot be burdened on Hindus who
follow development norms generally of 2-3 kids.
10.If the Sachhar Committee is the study &
comparison of Muslim & Hindu economic & social status then the said
committee should have taken Hindu opinion & experience into consideration.
DGP Ohri approached the said Sachhar committee three times, but the said
committee purposely ignored the requests for a hearing & his written
submission was not even considered in the final report. This means the said
Sachhar Committee’s report is intentionally biased & one-sided.
comparison of Muslim & Hindu economic & social status then the said
committee should have taken Hindu opinion & experience into consideration.
DGP Ohri approached the said Sachhar committee three times, but the said
committee purposely ignored the requests for a hearing & his written
submission was not even considered in the final report. This means the said
Sachhar Committee’s report is intentionally biased & one-sided.